1961 Volkswagen Karmann Ghia Registration number: CSK 561 Chassis number: 3206790

GENERAL

The following Terms (“Terms”) together with such other terms,

conditions and notices as may be set out in any relevant

catalogue apply to all sales by Silverstone Auctions Limited

(“SAL”) at auction or within 14 days after the auction.

No alteration to the Terms will be binding unless accepted by

SAL in writing. The Terms are subject to amendment by SAL

provided it is reasonable for it do so by the posting of notices

or by oral announcement made by the Auctioneer prior to or

during the sale. Nothing in the Terms shall affect the statutory

rights of a consumer.

Additional information applicable to the Auction may be set

out in the Catalogue for the Sale, in an insert in the Catalogue

and/or in a notice displayed at the Auctions and you should

read them as well. Announcements affecting the Auction may

also be given out orally before and during the Auction without

prior written notice. You should be alert to this possibility of

changes especially if bidding by telephone and ask in advance

of bidding if there have been any.

SAL acts solely for and in the interests of the Seller. SAL’s job

is to sell the Lot at the highest price obtainable at the Auction

to a Buyer. SAL does not act for Buyers in this role and does

not give advice to Buyers. When SAL or its employees makes

statements about a Lot or it is doing that on behalf of the Seller

of the Lot. Buyers who are themselves not expert in the Lots

are strongly advised to seek and obtain independent advice

on the Lots and their value before bidding for them.

DEFINITIONS

1. In these Terms:

1.1 “Auction” means the auction sale in respect of which a

Lot is consigned for sale.

1.2 “Auctioneer” means the representative of SAL

conducting the Auction.

1.3 “Automobilia” means any memorabilia including but not

limited to trophies, badges, programmes, models, prints

and other collectables. ‘Lifestyle’ means any goods

including but not limited to leather goods, watches and

fine wines.

1.4 “Buyer” means the only person whose bid is accepted

by SAL to conclude the contract for the purchase of a

Lot.

1.5 “Buyer’s Premium” means the amount payable by the

Buyer to SAL equal to 12.5%+VAT of the Hammer Price

on Motor Vehicles and 17.5%+VAT of the Hammer Price

for Automobilia and Lifestyle goods.

1.6 “Catalogue” means the catalogue relating to the

relevant Auction includes any advertisement, brochure,

estimate, price list or other publication or webpage

relating to one or more Lots.

1.7 “Contract” means the agreement to be completed by

the Seller relating to the proposed sale of each separate

Lot at the Auction.

1.8 “Entry Fee” means the sum payable by the Seller for

each item entered into the Auction.

1.9 “Expenses” in relation to the sale of any Lot means

SAL’s charges and expenses payable by the Seller in

addition to the Seller’s Commission including insurance,

storage, illustrations, auction Entry Fee, cleaning costs,

photography costs, catalogue costs, special advertising,

packing and freight of that Lot and any VAT thereon.

1.10 “Hammer Price” means the price in pounds sterling at

which a Lot is knocked down by the Auctioneer to the

Buyer.

1.11 “Lot” means any item(s) consigned to SAL with the view

to its or their sale at Auction.

1.12 “Motor Vehicle” means any car or motorbike included or

proposed to be included in a sale of motor vehicles.

1.13 “Purchase Price” means the Hammer Price together

with the Buyer’s Premium and any additional charges

due plus VAT.

1.14 “Reserve” means the minimum Hammer Price agreed

between SAL and the Seller at which a Lot may be sold.

1.15 “Sale Proceeds” means the net amount due to the Seller

being the Hammer Price less the Seller’s Commission

and VAT, Expenses and any other amount due to SAL

from the Seller.

1.16 “Seller” means the person who offers the Lot for sale,

whether as agent or principal.

1.17 “Seller’s Commission” shall have the meaning given in

clause 10.

1.18 “VAT” means Value Added Tax applicable at the

prevailing rate from time to time.

1.19 “Working Day” means any day (other than a Saturday

and Sunday) at which clearing banks in the city of

London are open for the transaction of normal sterling

banking business.

2. Agent

SAL sells as agent for the Seller (except where SAL

is selling as principal, which SAL will disclose in the

Catalogue or otherwise in the Auction). The Contract for

the sale of a Lot is between the Seller and the Buyer.

SAL shall not be liable for any act or default by the Seller

(except where selling as principal) or the Buyer.

3. Discretion

3.1 SAL has the right at its sole discretion to refuse any

bid, to divide any Lot, to combine two or more Lots, to

withdraw any Lot and, in the case of dispute, to put any

Lot up for Auction again.

3.2 If SAL is notified about the Seller’s alleged breach of any

of the Terms before it has remitted the Sale Proceeds to

the Seller, it may at its sole discretion withhold payment

until that dispute is resolved. SAL may, however, deduct

any sums that are due to it from the sum held.

4. Loss or injury

SAL shall be under no liability for any injury, damage

or loss sustained by any person while on SAL’s

premises (including any premises where a sale may be

conducted or where a Lot, or part of a Lot, may be on

view from time to time) except for death or personal

injury, damage or loss caused by the negligence of or

other breach of duty by SAL, its employees or agents in

the ordinary course of their duties to SAL.

5. Lots

5.1 The Catalogue contains details about each Lot. The

description printed in the Catalogue is given on behalf

of the Seller, and may contain SAL’s opinion about the

Lot, but in any event is not a contractual representation

or warranty by SAL.

5.2 Photographs, Illustrations and diagrams contained in

the Catalogue are for identification purposes only. They

may not show the true condition and colour, (which may

be inaccurately reproduced) of the Lot.

5.3 Lots are available for inspection prior to the Sale and

it is for any potential bidder to satisfy themselves as to

each and every aspect of a Lot, including its authorship,

condition, provenance, history, background, authenticity,

style, period, age, suitability, quality, roadworthiness

(if relevant), origin, value and estimated selling price

(including the Hammer Price).

5.4 Each Lot is sold by its respective Seller to the Buyer.

Lots are sold to the Buyer on an “as is” basis, with all

faults and imperfections.

5.5 The actual condition of a Lot may not be as good as

that appears by its outward appearance. In particular,

parts may have replaced or renewed and Lots may

not be authentic or of satisfactory quality; the inside

of a Lot may not be visible and may not be original or

may be damaged, as for example where it is covered

by upholstery or material. Given the age of many Lots

they may have been damaged and/or repaired and you

should not assume that a Lot is in good condition.

5.6 Any person who physically interferes with, scratches

or damages the Lot in any way (at, before or after the

Auction) will be held liable for the loss so caused.

5.7 The Seller is responsible for delivering the Lot in

a presentable and saleable condition. If additional

cleaning is required it will be charged for by SAL to the

Seller as an Expense.

5.8 If a Lot is not sold at Auction, SAL will for the next 14 days

be entitled exclusively to negotiate a sale of the Lot

on terms agreed with the Seller and as Seller’s agent,

and if successful will be entitled to charge the Seller’s

Commission and Expenses.

5.9.1 The Seller gives SAL the full and absolute right to

photograph and illustrate any Lot placed in its hand for

sale, and to use such photographs and illustrations as

are provided by the Seller at any time at its absolute

discretion (whether or not in connection with the

Auction), with indemnity against copyright infringement.

5.9.2 The copyright in all written matter and illustrations

relating to Lots shall remain at all times the absolute

property of SAL, and any person wishing to use such

materials, or any part of them, may only do so with the

prior written consent of SAL.

6. Alterations and Estimates

6.1 Estimates and descriptions may be amended at SAL’s

discretion from time to time by notice given orally or in

writing before or during an Auction.

6.2 The Lot is available for inspection and any potential

bidder must form their own opinion in relation to it.

You are strongly advised to examine any Lot or have

it examined by a specialist or engineer on your behalf

before the Auction.

6.3 SAL gives no warranty or representation as to the

anticipated or likely selling price of any Lot. Any estimate

given, whether written or oral and whether or not printed

in any Catalogue, as to the estimated selling price of any

Lot is a statement of opinion only and may be subject

to revision from time to time at SAL’s sole discretion and

should not be relied upon as an indication of the actual

selling price.

6.4 SAL shall not be liable to the Seller for any error or

misstatement in or omission from the description of any

lot in any Catalogue where SAL has:

6.4.1 been provided with such description by the Seller or

any person on his behalf; or

6.4.2 provided the Seller with a copy of such description prior

to publication of the Catalogue and neither the Seller

nor any person on his behalf has notified SAL in writing

within 7 days of any error or misstatement in or omission

from the description.

6.5 SAL has no duty to the Seller or the Buyer to investigate

the accuracy of the description of any Lot provided by

or on behalf of the Seller.

7. Warranty by the Seller

7.1 The Seller warrants to the Buyer and to SAL that:

7.1.1 The Seller is the owner of the Lot or is properly

authorised to sell the Lot by the owner, and is

able to sell the Lot with full title guarantee free

from all encumbrances and third party claims and

in particular that there is no outstanding finance

affecting the Lot. If the car is subject to finance the

amount outstanding must be confirmed prior to

consignment and sale.

7.1.2 The description of the Lot in the Catalogue is to the

best of the Seller’s knowledge accurate and not

misleading. The Seller has notified (or will before

the Auction notify) SAL in writing of any material

alterations to the Lot of which the Seller is aware

and of any concerns expressed by third parties in

relation to the authenticity, provenance, origin, age,

condition or quality of the Lot and has provided SAL

with all such information in the Seller’s possession

or control.

7.1.3 If the Lot is a road going Motor Vehicle, it may

lawfully be used on the public road and complies

with all statutory provisions and that there is in

force a test certificate required by law in relation

to such use; OR ALTERNATIVELY the Seller has

notified SAL in writing that the Motor Vehicle may

not lawfully be used on the public road.

7.1.4 The Seller shall compensate SAL and the Buyer in

full for all losses, expenses and other costs which

are caused by the Seller’s breach of any obligation

of the Seller under the Terms.

7.1.5 Where the vehicle is not registered in the UK,

the seller shall be responsible for completing the

NOVA application within 14 days or the car arriving

in the UK and before the vehicle arrives at the

auction for sale.

8. Vehicle Registration Numbers

8.1 If the Seller wishes to sell the Motor Vehicle but to retain

the right to the registration number of the Motor Vehicle

it is the Seller’s Responsibility to notify SAL in writing.

8.2 It shall be the Seller’s responsibility to take all necessary

steps to ensure that the current vehicle registration

number is retained and that a new number is allocated

prior to the Motor Vehicle being sold at the Auction.

9. Bidding and Reserves

9.1 Admission to the Auction requires the purchase of a

Catalogue which must be presented at the entrance to

the Auction. SAL do not accept bids from any person

who has not completed and submitted a registration

form. Proof of identification will be required in the form

of a passport or driver’s licence, together with a recent

utility bill showing your current address, before the

registration process can be completed.

9.2 The Auctioneer will commence and advance the bidding

at levels and in increments he considers appropriate

and is entitled to place a bid or series of bids on behalf

of the Seller, up to the Reserve on the Lot.

9.3 The Seller may place a Reserve on any Lot when he

consigns it to the Auction, and once placed it may not

be changed without the written consent of SAL. All Lots

will be sold without Reserve unless a Reserve has been

agreed by SAL in writing.

9.4 Where a Reserve has been agreed, only SAL at its

absolute discretion may bid on behalf of the Seller.

9.5 If no Reserve has been placed on a Lot, SAL shall in no

way be held liable should the Lot be purchased for a

price below any lowest estimated selling price of the

Lot given in any Catalogue.

9.6 SAL may sell a Lot below the Reserve agreed with the

Seller, provided that SAL accounts to the Seller for the

same Sale Proceeds as the Seller would have received

had the Lot been sold at that Reserve.

10. Commission and Expenses

10.1 SAL shall be entitled to deduct from the Hammer Price

and retain an amount equal to 5% of the Hammer Price

for vehicles and 10% for automobilia and lifestyle goods

or such other sum agreed by SAL in writing (“Seller’s

Commission”) plus VAT together with Expenses and any

other sums due from the Seller to SAL.

10.2 The Seller acknowledges SAL’s right to retain the

Buyer’s Premium payable by the Buyer.

11. Insurance

11.1 Only on payment of the Purchase Price in cleared funds

shall title in the Lot pass from the Seller to the Buyer.

However, the risk in the Lot passes to the Buyer on the

fall of the hammer. It is therefore, the responsibility of

the Seller to insure the Lot before the hammer falls and

the responsibility of the Buyer to insure the Lot after the

hammer falls.

11.2 SAL will not be responsible for any damage to or the loss

or destruction of a Lot unless caused by the negligence

of or other breach of duty by SAL, its employees or

agents in the ordinary course of their duties to SAL and

the Seller shall compensate SAL in full in respect of all

other claims and proceedings brought against SAL in

respect of any loss or damage to or destruction of the

Lot.

11.3 SAL will not be liable for any injury, loss or damage

caused by any Lot or by the Seller’s negligence of SAL,

its employees or agents in the ordinary course of their

duties to SAL. The Seller shall compensate SAL in full

in respect of all claims and proceedings brought against

SAL in respect of injury, loss or damage caused by

any Lot or by the Seller’s negligence or breach of any

obligation under the Terms.

12. Payment of Sale Proceeds

12.1 Subject to SAL’s right of retention under Clause 3.2 and

other provisions of this Clause 12, SAL shall pay the

Sale Proceeds to the Seller not later than 14 Working

Days after the Auction provided that the Purchase Price

has been received in full by SAL. Unless an alternative

method of payment has been agreed by SAL in writing,

payment shall be made by telegraphic transfer. In the

event of an unsettled hire purchase, finance agreement

or any other charge or lien affecting the Lot SAL reserves

the right to settle the amount due of such charges not

exceeding the Sale Proceeds and if the Sale Proceeds

are less than the charges outstanding the Seller will be

responsible for the settlement of the balance forthwith.

12.2 If the Purchase Price has not been received in full by

SAL within the time specified in clause 12.1 SAL will pay

the Sale Proceeds to the Seller within seven Working

Days from when the Purchase Price is received in

cleared funds from the Buyer.

12.3 In respect of road registered Motor Vehicles, SAL

reserves the right not to remit the Sale Proceeds to

the Seller unless the Seller has deposited with SAL the

registration document of the Motor Vehicle, and any

other documents relating to the Motor Vehicle in the

Seller’s possession or control which he agreed with SAL

to supply.

12.4 If the Buyer fails to pay the Purchase Price within 28

days of the Auction, SAL will notify the Seller who may

instruct SAL as to the appropriate course of action. SAL

may endeavour to assist the Seller but SAL shall be

under no obligation to do so, and shall not be under any

obligation to institute proceedings in its own name.

12.5 In the absence of any written instructions from the

Seller to SAL within 7 days of SAL having notified the

Seller under clause 12.4 SAL shall be entitled to take any

of the actions set out in clause 19.:

12.6 Any monies recovered by and paid to SAL in

consequences of SAL taking one or more of the steps

referred to in clause 19 shall be applied to the payment

of:

12.6.1 legal or other costs incurred by SAL in connection

with such steps;.

12.6.2 Expenses;

12.6.3 the Buyer’s Premium and the Seller’s Commission

on the sale of the Lot;

12.6.4 any balance remaining shall be paid to SAL to the

Seller (or, if appropriate, the Buyer). If there shall be

a shortfall any such shortfall shall be made good by

the Seller to SAL on demand.

12.7 If within 7 days after receipt of the notice referred to in

clause 12.5 the Seller informs SAL that he wishes redelivery

of the Lot, he shall be entitled to do so but only

upon prior payment of all Expenses and all legal and

other costs reasonably incurred by SAL so as to keep

SAL fully recompensed.

13. Withdrawal Fees

13.1 The Seller may not withdraw the Lot from the Auction. If

SAL is unable to sell the Lot at the Auction due to action

or interference by the Seller, the Seller shall be liable to

pay SAL 15% of the estimated value of the Lot plus VAT

thereon together with Expenses. The estimated value

shall be the mid value estimated in the Catalogue.

14. Removal and Storage

14.1 The Seller shall arrange for the removal of any unsold

Lot by 2pm the next working day following the Auction

or by such other time as agreed by SAL.

14.2 Failure to remove any unsold Lot pursuant to clause 14.1

above will entitle SAL to charge the Seller a removal

charge, storage fees, insurance and other expenses and

any costs incurred at the following rates:

Motor Vehicle: Removal - £195 plus VAT

Storage - £10 per day plus VAT

Automobilia:

Removal – £25 plus VAT

Storage – £10 per day plus VAT

15. The Buyer

15.1 The Buyer shall be the highest bidder at the Hammer

Price. Any dispute as to any bid shall be settled by the

Auctioneer at his absolute discretion.

15.2 Every bidder shall be deemed to act as principal, unless

prior to the commencement of the Auction there is a

written acceptance by SAL that a bidder acts on behalf

of his principal and the true identity of the principal is

noted on the registration form.

16. Buyer’s Premium

The Buyer shall pay the Buyer’s Premium to SAL and

the Buyer acknowledges that SAL may also receive the

Seller’s Commission due to SAL under Clause 10.

17. Payment

17.1 Once a lot is sold, the Purchase Price shall become

immediately payable to SAL.

17.2 Full payment for all Lots must be made to SAL by

5:00pm the next Working Day. Payment can only be

accepted in GBP. For security reasons, payments by

Debit or Credit card (VISA/Mastercard) will only be

accepted where the cardholder is present. Credit Card

Payments are subject to a 1.76% surcharge. Business

debit and credit cards are subject to a 2% charge.

There is a floor cash limit of £5000.

Bank details as follows

Bank: Handelsbank, Birmingham branch

Account Name: Silverstone Auctions Ltd

Sort: 40-51-62

Account Number: 15541813

IBAN: GB46HAND40516215541813

BIC: HANDGB22

17.3 No Lot may be collected until the Purchase Price has

been received by SAL and payments by a Buyer to

SAL may be applied by SAL towards any such sums

due from that Buyer to SAL on any account whatsoever

notwithstanding any directions to the contrary by the

Buyer or his agent whether express or implied.

17.4 Title to the Lot will pass to the Buyer only when the

Purchase Price in cleared funds has been received by

SAL.

17.5 Immediately after a Lot is sold the risk shall pass to the

Buyer notwithstanding that possession will not be given

and title will not pass to the Buyer before payment of

the Purchase Price and SAL will not be responsible for

any damage to or the loss or destruction of the Lot or

any injury, loss or damage caused by the Lot unless

caused by the negligence of or other breach of duty

by SAL, its employees or agents in the ordinary course

of their duties to SAL. The Buyer will compensate SAL

in full in respect of all claims and proceedings brought

against SAL in respect of any loss or damage to the

Lot or injury, loss or damage caused by it not arising

from the negligence of other breach of duty by SAL

its employees or agents in the ordinary course of their

duties to SAL.

17.6 The Buyer shall, at his own expense, remove the Lot

purchased but not before payment in full to SAL of the

Purchase Price whether in respect of this or any other

Lot.

18. Responsibility for Purchased Lots

18.1 The Buyer will be responsible for loss or damage to

a Lot purchased by him from the fall of the hammer.

Neither SAL nor its employees or agents shall be

responsible for any loss or damage unless caused by

the negligence of SAL, its employees or agents in the

ordinary course of their duties to SAL while the Lot is in

SAL’s custody or under its control.

18.2 The Buyer shall be responsible for all removals,

insurance, storage and other charges on any Lot from

the fall of the hammer (in accordance with Clause 11).

18.3 DVLA will be notified of the change of keeper within 5

working days following receipt of payment, using the

details from invoice, unless otherwise stated.

19. Non-payment or Failure to Collect

19.1 If the Purchase Price is not paid in full, SAL as the agent

of the Seller, shall in its absolute discretion and without

prejudice to any other rights it may have, be entitled to

exercise one or more of the following remedies:-

19.1.1 to remove, store (either at SAL’s premises or

elsewhere) and insure the Lot at the expense of

the Buyer;

19.1.2 to charge interest at a daily rate equal to 4% pa

over Barclays Bank’s Base Rate on so much of the

total amount due as remains unpaid after the date

of and time referred to in clause 17.2;

19.1.3 to retain that or any Lot sold to the same Buyer at

the same or any other auction of SAL and to release

it only after payment of the total amount due;

19.1.4 to apply any money due or to become due to

the defaulting Buyer in or towards settlement of

the total amount due and to exercise a charge or

lien on any property of the Buyer which is in SAL’s

possession for any purpose.

19.1.5 take such steps as SAL shall at its absolute

discretion consider necessary to collect the

monies due from the Buyer, and to agree terms for

the payment of the Purchase Price;

19.1.6 to rescind the sale and refund any monies to the

Buyer, or to rescind the sale to the Buyer and to

purchase the Lot itself. If it does so, property in

the Lot shall pass to SAL on its election and SAL

shall remit the Purchase Price to the Seller within

14 Working Days of its election less the Seller’s

Commission, Expenses and sums due to SAL

which would have been payable had the contract

not been rescinded;

19.1.7 to appoint a solicitor and/or other agent to

pursue any of the courses of action referred to in

this clause 19, and the Seller hereby authorises SAL

to take any of the courses referred to in this clause,

including the issue and prosecution of proceedings

on the Seller’s behalf, and to settle claims and/or

proceedings made by or against the Buyer on such

terms as the Seller shall instruct, or in the absence

of instruction s on such terms as SAL shall at its

absolute discretion think fit.

19.2 If the Buyer fails to make payment within 14 days after

the date and time referred to in clause 17.2, SAL shall

at its absolute discretion and without prejudice to any

other rights it may have, be entitled to re-sell the Lot or

cause it to be resold by public auction or private sale,

and, if this results in a lower price being obtained, the

defaulting Buyer shall then pay to SAL any deficiency,

together with re-sale costs and any costs incurred in

connection with the Buyer’s failure to make payment

and any surplus shall belong to the Seller.

19.3 If the Lot is not taken away on the date and time

referred to in clause 17.2, whether or not the Purchase

Price has been paid, SAL shall remove, store (either at

SAL’s premises or elsewhere) and insure the Lot at the

expense of the Buyer and only release the Lot after

payment of the total amount due.

20. Liability of SAL and the Seller

20.1 Buyers are solely responsible for ensuring that Motor

Vehicles are safe for use, roadworthy (if a road going car) and comply with all relevant laws and regulations

in force in all relevant jurisdictions and for ensuring

that any necessary test certificates are in force It is the

responsibility of the Buyer to carry out such inspection

as he thinks necessary.

20.2 In bidding for any Lot, the Buyer acknowledges that he

does not rely on any representation made to him by

SAL, its employees or agents.

21. Governing Law

Any transactions to which the Terms apply shall be

governed by English Law and the Courts of England

shall have exclusive jurisdiction to settle all disputes

arising in connection with all aspects of all matters or

transactions to which these Terms relate or apply.

22. Notices

22.1 Any shall be deemed to have been received:-

22.1.1 if hand-delivered, at the time of delivery;

22.1.2 if sent by mail, two days after the date of posting.

22.2 In proving service by delivery:-

22.2.1 by hand, it shall be necessary only to produce a

receipt for the notice signed by or on behalf of the

addressee;

22.2.2 by post, it shall be necessary only to prove that

the notice was contained in a pre-paid envelope

which was duly addressed and posted first class.

23. Data Protection

23.1 All information provided to SAL will be treated

confidentially and shall not be passed to third parties,

except where necessary to complete a sale transaction.

23.2 SAL reserves the right to pass on information when

required by legislation, government authorities or the

courts.

23.3 SAL shall also have the right to use any personal

information to notify you of further auctions and future

events, unless you notify us that you do not consent to

receive notifications of future events.